BPGC Upgrade Plans 2020
The President
BPGC,
Chembur,
Mumbai 400071
Dear Sir
We refer to your email of June 16, 2020 regarding various projects for upgrading and relocating facilities., in particular about the Gents Changing Room.
As you are aware, this item was indeed discussed at the EGM of July 13, 2019 and kept in abeyance, as per a vote of majority of members. Further, it was decided to invite detailed proposals from various contractors to be deliberated in various members' open-day forums. This would then require ratification of members in a general body meeting
As such, we are dismayed to note that "you are hoping to start the work by the end of June." - all this without any prior approval of BPGC's general body of members.
We request BPGC's Managing Committee under your Presidency, to desist from undertaking any such "unapproved" expenditure. Please note that the Companies Act 2006 provides remedies against Directors (in this case the Managing Committee of BPGC) in case of unauthorised donations or expenditure, as under:
"Section 369 (2): The directors in default are jointly and severally liable— (a) to make good to the company the amount of the unauthorised donation or expenditure, with interest, and (b) to compensate the company for any loss or damage sustained by it as a result of the unauthorised donation or expenditure having been made."
For the record, the Minutes of the said July 13 EGM have not been circulated to members so far.
Further, given the special circumstances and the economic slowdown brought out by COVID-19 Pandemic, we urge BPGC"s Managing Committee to carefully review the situation and reassess the urgency and need for any expenditure, even those which have been previously budgeted and approved. We request utmost conservation of resources bearing in mind the significant uncertainties ahead.
Furthermore, you would appreciate that as members, we would like to be kept abreast of on-going developments at BPGC and request frequent and transparent communications from BPGC's Managing Committee, to all members.
Yours truly
S. Ramanujam Contact the author of the petition